Virginia v. Black
Citation
538 U.S. 343 (2003)
Facts
Stub — to be completed.
Issue
Stub — to be completed.
Holding
Stub — to be completed.
Rule
A state may ban cross burning done with the intent to intimidate, as true threats fall outside First Amendment protection; but a prima facie evidence instruction making cross burning per se evidence of intent to intimidate is unconstitutional.
Significance
Upheld targeted cross-burning ban but struck down the prima facie provision; clarified scope of “true threats” doctrine.